to perform the copyrighted work publicly by means of a digital audio transmission. Copyright owners often choose to license their works to others for various purposes. Licensing involves granting permission to someone else to use the copyrighted work in ways that would otherwise be exclusive to the copyright owner. These licenses can be customized based on the terms and conditions agreed upon by both parties. For example, a photographer may license a photo for use in a magazine, specifying the duration of use, geographic scope, and any other relevant terms. There are various types of licenses that copyright owners can grant, ranging from exclusive licenses (where only one person or entity is permitted to use the work) to nonexclusive licenses (where the copyright owner can grant permission to multiple parties). Licenses can also specify the scope of use, such as whether the licensee can use the work for commercial purposes, whether they can modify the work, and whether the license is limited to a certain time period or geographic region. Can the use of a copyrighted work be fair? The courts and Congress adopted the fair use doctrine to allow the use of copyrighted materials deemed beneficial to society, many of which are also entitled to First Amendment protection. Under the Copyright Act of 1976 “A copyright owner may institute a civil action for infringement of those exclusive rights, §501(b), but generally only after complying with §411(a) ‘s requirement that “registration... has been made.” Recently the Supreme Court sided against the Andy Warhol Foundation in a copyright infringement case and ruled Andy Warhol infringed on photographer Lynn Goldsmith’s copyright when he created a series of silk screen images based on a photograph Goldsmith shot of the late musician Prince in 1981. How does copyright ownership and licensing work? The owner of copyright has the exclusive rights to do and to authorize any of the following: - to reproduce the copyrighted work in copies or phonorecords; - to prepare derivative works based upon the copyrighted work; - to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; - in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; - in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and - in the case of sound recordings, What is copyright registration? “Under the Copyright Act of 1976, as amended, a copyright author gains “exclusive rights” in her work immediately upon the work’s creation. 17 U. S. C. §106.” This means that copyright protection exists at the moment of creation and the work is fixed on as tangible medium, not when the author files for and/or obtains copyright registration from the government. Registration is always recommended for many reasons, obtaining copyright registration creates a public record for the work, registered works may qualify for statutory minimum damages and claims of attorney’s fees if successful in litigation, and to bring a lawsuit for infringement of your U.S. work. Copyright registration is the process of officially registering a creative work with a government office responsible for copyright matters. This registration provides a public record of the basic facts of a particular copyright. While copyright protection exists automatically upon the creation of an original work fixed in a tangible medium, registration offers additional legal benefits and protections to the copyright holder. 58 LAWYER MONTHLY FEBRUARY 2024 The length of the copyright protection varies depending on the date of first publication or creation.
RkJQdWJsaXNoZXIy Mjk3Mzkz